The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-07-28
when to Vote ON the Amendment.
To tho Editor ofNhe Appeal:

1Cm ~ WV VM INV u hutmu On
To tho Editor ofshe Appeal;
In reply to what Judge @. W. Heis.
kell says In your issue Of the oath in.
slant, l repeat that according to my
construction Of the constitution the
only way the amendment can be rati.
fed by vote Of the people is to take
that vote at the same time the vote Is
taken fer Representatives, and ma
jority OF al the citizsns Of the State
voting for Representatives voting for
the smendment-the word "voting"
used In the constitution in connection
with Representatives, also in connec.
ton With amendment.
Let Judge Hsiskell tell the public
how q msjority OF all the citizens Of
the State 30 voting can be legally
pol.ed at the election In September
Yet that Is absolutely necessary to
make said amendment part Of the
constitution. 10 reply to that part OF
his argument on the word "times"-he
Gays II was "mere misprint; II he
will refer to the journal Of the Con-
stitutional Convention OF 1870, page
400, he will find that the word shines"
was used In the constitution adopted
by said Constitutional Convention,
and that constitution was signed by
every member Of the convention, In.
Guiding those "who knew hawk from
a handsaw" Ia quotation from Judge
Heiskell). The critics OF Shakespeare
insist that "handsaw" is misprint;
that the proper word was "hawsaw," a
species Of the bird kind, but l make
no point on the Judge even IL 1t is q
misprint, but while we are on the
subject Of misprint / wish to say that
in the sentence, "Msoy more than one
time" my manuscript will show that
the word "many" Is a misprint-that
meaning" was the word used by me.
In the constitution OF 1884, where
the word "time" was used, we find in
the acts OF Legislature, lS6l-62, that
amendments to the constitution were
submitted to the people TO be voted
on at the general election for Repre-
sentstives, and the tickets were pre-.
pared and voted for the amendment,
but none were prepared or voted
against the amendment. Any person
examining the consultation can see
that no adverse vote on an amend
ment Ia required and such vote !,
absolutely useless. And II was made
the duty OF the officers holding the
election to make return OF the mum
| II To- tka NJ t.na mt n fhf
sheriff OF the county, certified as othel
election returns, and II was the duty
OF the sheriff to make returns there
OF, properly certified as in case
of other elections, to the Bee
rotary OF State, who shall re
port the same 10 the next Genera
Assembly OF the State. The next Gen
eral Assembly, 1853 81, adopted q join
resolution declaring the amendment
part Of the Constitution ol the State o
Tennessee. There was also, at sam,
session OF the Legislature, an act ps,se
carrying into effect the provisions Q
} said amendment. These are prece
: dents under same provisions oil Con
stitution OF 1870.
Then, II the Constitution does nc
require an adverse vote to be taken
an amendment, and such vote is rs,
less and unauthorized, what troub.
there will be to the Secretary OF Stat
: Governor and Comptroller, constitu
!. ing the Board Of Inspectors, who's
, duty II will be 10 compare and canva
said vote and certify the sesult, an
q when q return Of the vote for Ii
0 amendment, polle1 at the septemb'
!, election, are made 10 IL. Question
With what are the Board OF Inspecto
n going 10 compare the vote Tor Oh
I amendment, not with the vote take
against the amendment The Const
= tuition does not authorize the board
= compare the vote for amendment wit
y the vote for Representatives at q pr
d ceding election, and the board ca
not ignore the provision In Constitl
u ton about vote for Representatives.
will be fash In the pan. The judge
pleasantly, In respect 10 the Gener
Assembly canvaesing the vote, TO d
termine the qualification and elecdo
?. Of its members, loses its pith aI
pupgency when the word ELECTION
=, 10 added TO his sentence as II occurs
. mine. used that argument 10 sho
!, that the return OF the vote Tor q
amendment Is 90 closely connects
n and dependant upon the vote for Re
4. resentatives, that the fate OF the amen
: ment has TO await the canvass OF d
vote for Representatives In the Leg
IA lature before II is aEcsrtained wheth
Ia a msjority Of all citlzsns, voting
4. Representatives, voted for smendmeI
am not alone 10 the view that the
4. Is trouble In sscertaining the legal yc
II on the amendment by the people
ID the September election. read Ia Z
id Bar Association proceedings at kno
5. Vile the other day that tbs matter "
q. discussed by able members OF the b
D. differ with Judge Heiskill about
being an unfAvorAbie time 10 disct
lie the legal aspect OF the question no
n, What 10 the use Of pursuing q cou
ne that 10 entsillng on the people expeI
Ia. and trouble. II the election will b
o.; no fruits old Dave Crockeps motto
worthy Of being practiced In this ca